Philosophical and Legal Understanding of the Concepts: Image, Icon, Image, Honesty, Reputation, Their Manifestations in Criminal Procedural Law
نویسندگان
چکیده
Introduction . The article presents an attempt for the first time, on basis of philosophical and legal understanding, to use concept “reputation”, which is new scientific circulation. Legal terms, including criminal procedural ones, arise as generic terms. That is, concepts are brought under a common genus, then specific differences distinguished. Philosophical categories, due their universality, cannot be summed up and, rule, act dialectical pair opposites thesis antithesis. Such, example, essence phenomenon, necessity chance, content form. complexity introducing reputation into circulation lies in fact that it does not have its own A bad also reputation. At stretch, can opposed discredit, but discredit action aimed at undermining reputation, this transition another kind. Concepts kind meaningful by analogy. As such, authors chose icon image, like foreign-language tracing papers from Russian word sense reduced Both (both image) how different even opposite meanings these words. Moreover, initially intentions were precisely linguistic (and religious or marketing), only words themselves designated cultural area application. Materials methods theoretical methodological study was hermeneutical approach analysis "reputation". Methods systematic, comparative analysis, special research tools used. used examples various areas law procedure, criminal, civil. Research results. Based results question trust raised relation status participants proceedings. introduction "reputation" category proposed. Discussion conclusion. In form legislative novel, presumption good faith participant proceedings formulated. Presumption faith: Everyone considered conscientious reasonable, until otherwise proved manner prescribed Code established judicial has entered force.Everyone obliged prove conscientiousness reasonableness. burden proving dishonesty, unreasonableness, abuse right with person who claims opposite.All doubts about reasonableness eliminated shall interpreted favor whose questioned.Any actions (or) decisions state body official field proceedings, based assumptions, solely certain case consideration another.
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ژورنال
عنوان ژورنال: ????? ? ??????????. XXI ???
سال: 2023
ISSN: ['2073-8420', '2587-5736']
DOI: https://doi.org/10.24833/2073-8420-2023-1-66-3-14